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Terms in this set (12)
Why is informed consent important?
Gonzalez : "lack of information" of "legitimate concern": "struggle with grief more anguished and sorrow more profound when she learns, only after the event, what she once did not know"; Casey P 882: "In attempting to ensure that a woman apprehend the full consequences of her decision, the state furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed."; Gonzales - Noting that "[s]evere depression and loss of esteem can follow" an abortion
What are risks of abortion/purpose of Prop 417?
Record, p. 3 - suicide, depression, [drug use], breast cancer, hemorrhage, and infertility; Record p. 4 purpose is to "save and improve the lives of women by cutting down on the suicides, depression, and drug use that often follow the decision to abort a fetus."
Is informed consent for abortion constitutional?
Casey plurality P 884: "Thus, a requirement that a doctor give a woman certain information as part of obtaining her consent to an abortion is, for constitutional purposes, no different from a requirement that a doctor give certain specific information about any medical procedure."
Are all burdens undue?
Casey P. 876: "Not all burdens on the right to decide whether to terminate a pregnancy will be undue."
Can the state encourage childbirth over abortion?
Maher v. Roe (cited in Webster) - "The State may have made childbirth a more attractive alternative, thereby influencing the woman's decision, but it has imposed no restriction on access to abortions that was not already there."
Harris v. McRae (cited in Webster) - to encourage childbirth over abortion "places no governmental obstacle in the path of a woman who chooses to terminate her pregnancy."
Abortion is deeply personal
Casey - decision has "profound and lasting meaning";
Isn't the ban on insurance funding problematic?
4. Could simply strike down section 12. 1. Insurance companies can finance abortions and ultrasounds for medically necessary procedures; 2. Webster - State doesn't have an obligation to provide abortions; 3. Maher v. Roe (cited in Webster) this Court affirmed a Connecticut law banning Medicaid funding of elective abortions "The indigency that may make it difficult -- and in some cases, perhaps, impossible -- for some women to have abortions is neither created nor in any way affected by the Connecticut regulation." 4.could
There is no health benefit to the ultrasound, so shouldn't it be struck down?
Casey - "a State is permitted to enact persuasive measures which favor childbirth over abortion, even if those measures do not further a health interest."
Is there an exception for 24 hour waiting period?
Section 8: "Women seeking an abortion in the State of Olympus who do not qualify for one of the exceptions established in Section 3 of this law shall sign and date a form to be
developed by the Olympus State Department of Public Health certifying that she has consulted with a physician licensed by the State of Olympus to perform abortions in Olympus, that she understands the possible risks associated with abortion, and that she still wishes to terminate her pregnancy."
Section 9: "Women who have certified that they wish to procure an abortion in Olympus from a physician licensed by the State of Olympus to perform abortions in Olympus must wait for a period of at least 24 hours before procuring an abortion."
Same doctor requirement - isn't it unconstitutional?
1. Webster record keeping is important; 2. Casey p. 885 "particular functions may be performed only by licensed professionals, even if an objective assessment might suggest that those same tasks could be performed by others."; 3. Not burdensome, even Ms. Sommerville didn't have a problem with it
Isn't it a problem that women can't get information from their doctor?
It's a separate issue, as per Casey: "the right protected by Roe is a right to decide to terminate a pregnancy free of undue interference by the State. Because the informed consent requirement facilitates the wise exercise of that right, it cannot be classified as an interference with the right Roe protects. The informed consent requirement is not an undue burden on that right."
Should a woman be forced to hear this information?
Casey - No right to be insulated from all other decisions
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